PART VIIIEXCEPTIONS
Effect of certificates by Secretary of State80
1
This Article applies where in any proceedings—
a
a person claims that an act discriminated against him in contravention of any provision of Parts III to V; and
b
the person against whom the claim is made proposes to rely on a certificate purporting to be signed by or on behalf of the Secretary of State and certifying—
i
that an act specified in the certificate was done for the purpose of safeguarding national security or protecting public safety or public order; and
ii
that the doing of the act was justified by that purpose.
2
The claimant may, in accordance with rules under section 91 of the [1998 c. 47.] Northern Ireland Act 1998, appeal against the certificate to the tribunal established under that section.
3
If on an appeal under paragraph (2) that tribunal determines—
a
that the act specified in the certificate was done for the certified purpose; and
b
that the doing of the act was justified by that purpose,
the tribunal shall uphold the certificate; in any other case, the tribunal shall quash the certificate.
4
If—
a
the claimant does not appeal against the certificate; or
b
the certificate is upheld on appeal,
the certificate shall be conclusive evidence of the matters certified by it.
5
Sections 91 and 92 of the [1998 c. 47] Northern Ireland Act 1998 shall apply in relation to appeals under this Article as they apply in relation to appeals under section 90 of that Act.
6
In this Article—
“claim” includes complaint; and
“claimant” includes complainant.